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HomeMy WebLinkAboutOrdinance-1990-0843 - - RECEPTION NO. F0700140 16.00 PG: 0001-003 236 RECORDED IN JEFFERSON COUNTY, COLORADO 9/23/1998 8:57:54 aD \\g INTRODUCED BY COUNCIL MEMBER ORDINANCE NO. 843 Series of 1990 DAVIS I') TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL-ONE AND AGRICULTURAL-ONE TO COMMERCIAL-ONE ON LAND LOCATED AT 11801 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1: Upon application by Heinz Silz for approval of rezoning with site plan approval in Wheat Ridge, Colorado, Case No. WZ-90-8 and based upon recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One and Commercial-One Districts and to include in the Commercial-One District, the following described land: THAT PORTION OF THE EAST ONE-HALF OF LOT 10, LEES' SUBDIVISION, A SUBDIVISION RECORDED IN THE OFFICIAL RECORDS OF JEFFERSON COUNTY IN PLAT BOOK 2 AT PAGE 23, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE N 0027'29" W (BASED ON THE ASSUMPTION THAT THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., BEARS N 0031'40" W) ALONG THE EAST LINE OF SAID LOT 10 A DISTANCE OF 48.25 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 87042648 OF THE JEFFERSON COUNTY RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 0027'29" W ALONG THE EAST LINE OF SAID LOT 10 A DISTANCE OF 161.65 FEET TO THE NORTHEAST CORNER OF THE SOUTH 11.00 FEET OF THE NORTH 132.00 FEET OF SAID LOT 10; THENCE S 89014'24" W ALONG THE NORTH LINE OF THE SAID SOUTH 11.00 FEET A DISTANCE OF 216.94 FEET TO A POINT ON THE EAST LINE OF THE WEST l05.00 FEET OF THE EAST ONE-HALF OF SAID LOT 109; THENCE S 0025'27" E ALONG THE EAST LINE OF THE SAID WEST 105.00 FEET A DISTANCE OF 186.61 FEET TO A POINT ON THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED IN SAID RECEPTION NUMBER 87042648; THENCE S 89057'08" E ALONG THE NORTH LINE OF SAID TRACT A DISTANCE OF 188.78 FEET; THENCE CONTINUING ALONG SAID NORTH LINE N 45002'52" E A DISTANCE OF 39.63 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 40,429 SQUARE FEET, MORE OR LESS. Section 2. Conditions. Development shall be in accordance with the attached site plan labelled Exhibit 'A'. Section 3. Vested Property Rights. Approval of this rezoning and site plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Ordinance No. 843 Series of 1990 Page 2 ?-- Section 4. Safety Clause. The City council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of September 1990, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 8 , 1990, at 7: 30 p. m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 8th day of October , 1990. SIGNED BY THE MAYOR this 9th day of October, 1990. ~~ DAN WILDE, MAYOR ! ~' ,J ' ',' /, , '~- - . " ,-,v/L--Ch~ '. , (-~'7' /j ~vANDA SANG, CI'TY CLERIf ~, APPROVED AS TO FORM BY CITY ATTORNEY, ,,--' JOHN HAYES, " , I \-- CITY, ATTORNEY 1st Publication: September 19, 1990 2nd Publication: October 17, 1990 Applewood/Wheat Ridge Transcript Effective Date: November 1, 1990 pc/ordwz908 V N d v ~ 08 '11 ~ 1J'l l- I fJ w 2Q I) ~ <t N u1 It). ~ _ rtl ~5 C\lU) I o. 'JJ lI.l o en uJ S IOrtl 0 V fit 10 I Z o uJ ,... ~ Ul J 61 If OJ uJ ~ III ~ J w u 2 uJ II. 1: .g 1: cO of Cl z a.. <( u en o z <( ...J -0 W I- <( Wu ID- o ow 1-0 t~ 03NOZ LLJ => Z LLJ > <{ . . ....... .. .0Jit. .............. ~~r~ ~~;~t~~f\i\t~~~\t~~:i;~:~;~:~j~~j~;ii\\\\\\t~~t;\. w V "2 w \1. -:( ~ 1: -9 ..... ........... ......... .. ...... 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